Dismissed

T Dhangopalrao v. Secretary ( Ministry) and 2 Others

Telangana HC30 Dec 2021WP(PIL)/99/2017

Case brief

AI extract

What is this about?

In this PIL regarding elephant cruelty under Supreme Court directions, the High Court of Telangana held that the Bibi-Ka-Alam procession elephant was properly cared for by the State. Jurisdiction over Tirumala and Kalahasti matters was declined in favor of the Andhra Pradesh High Court. The Petition was disposed of without further orders.

What did the court decide?

No further orders required; Petition stood disposed of; Liberty granted to approach Andhra Pradesh High Court for other territories.

T Dhangopalrao Vs Secretary ( Ministry)… — Pension and Retirement Benefits | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD -, (Special Originat Jurisdiction)

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THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THoUSAND AND TWEN,oN;..._-'.

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PRESENT

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THE HON,'BLE THE CHIEF JUSTICE SATISH GHANDRA SHARMA

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;^{THE HON'BLE} SRt JUSTTCE N. TUKARAMJT

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Between:

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W PIL NO: 90F 017

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T. Dhangopal Rao, S/o. T.-y R3o, aged about 46 years, Occ public lnterest Judiciar Activist, 20-1-696. post erhadir;iriJlsii"I"6!r. Hyderabad - 5oo 064. State of Telanagana.

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AND

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..,PETITIONER

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The Union of lndia, through^its Secretary, tr/inistry of Environment and Forest, Paryavaran.Blravan, CGO Comptex, Loiifri Roaa'ruew Delhi - 1 10003 ^ z. Ine ljtate o[ lelanoana. Represented by its Chief Secretary, Secretariat, Hyderabad

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The state of Andhra Pradesh,, Represented by its chief secretary, secretariat, Velgapudi, Guntur, Andhra Pradesh.

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...RESPONDENTS

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Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, lhe High Court may be pleased to issue writ, ,order or direction more particularly, one in thb nature of Writ of Mandamus declaring the inaction of the Respondents 1 to 3 and the[.failure to protect the Elephants in pursuance of the Directions issued by the Hon'ble Supreme Court of lndia in the matters of Staie of Gujarat v. lt/irzapur Moti Kureshi Kassab Jamat, (2005) 8 SCC 534, at page 567 pr 49, lntellectual's Forum Tirupathi v. State of A.P., (2006) 3 SCC 549, at page 572, 573 & 578, Essar Oil Ltd. v. Halar Utkarsh Samiti (SCC p. 406, para 27), lndian Council for Enviro-Legal Action v. Union of lndia^(SCC p. 296, para 31), Sansar Chand v. State of Rajasthan, (2010) 10 SCC 604, at^page 607 as illegal, arbitrary and violation of^{Articles 144,} 48 A^{and 51A(G)of the} Constitution of India, Section 39 and 50 of the^{Wild Life ProtectionAct and Various} provisions of a),lndian Forest Act 1527, b). Forest Conservation^{Act 1981 andc).} Prevention of Cruelty to Animals Act 1960 and^{Direct the Respondents1' to 3 to}

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Apprise this Hon'ble Court as to^{what steps have beentaken to protect the} elephants in pursuance of the Directions^{issued by the Hon'ble SupremeCourt of} lndia in the matters of State of Gujarat v.^{Mirzapur Moti Kureshi Kassab Jamat,} (2005) B SCC 534, at page 567 pr 49, lntellectual's Forum^{Tirupathi v. State of A.P.,} (2006) 3 SCC 549, at^page 572, 573 & 578, Essar^{Oil Ltd. v. Halar Utkarsh Samiti} (SCC p.406, para 27), lndian Council for EnviroLegal^{Action v. Union of lndia(SCC} p.296, para 31), Sansar Chand v. State of Rajasthan,^{(2010) 10 SCC 604, at page} 607.

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Direct Revocation of the certificate of^{ownership of elephants grantedto the} temples.

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Prohibit^{the use of elephantsin any form of begging' pedormanceor} procession and^{declare all NOCsand permissions given for transport of elephants to} be used^{for such purposesas illegal and in violationof Section43 of the Wildlife} Protection Act,^1972.

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4.Formulateguidelinesforsuchprohibitioninconsultationwithallconcerned in the matter.

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Direct^{thdRespondents to keep a count of all captive elephantsin the State} of Telangana^{and Andhra Pradesh'}

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Ensure^{thal ttle requisitedeclarations and certificates undersections 40 and} 42 of the Wildlife^{(Protection) Act,4972are dulyobtained by the owners'}

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lmpose an^{obligation upon the State of Telangana & AndhraPradeshto} ensure that the^{varioustemples in ihe Stateare registered with the District Committee} as per the requirements^{under'Captive Elephants (t/anagementandl\Iaintenance)} Rules, 2008. The temples^{are also to mention before the District committee the} number of elephants they^{will be using during the festivals'}

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Ensure that all steps, as^{provided under the law, are taken so that the} elephants are not treated with cruelty^{whicheventuallymayamountto torture.} Monitor Use of elephants for ceremonial^{and tourism purposes, issueof performance} registration, legal actions against mahouts and rescue, confiscation^{and rehabilitation} of elephants.

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Direct that the persons who are in possession of elephants can neither transfer the elephants outside the State nor transfer the elephants in any manner. . Counsel for the Petitioner: SRI T. DHANGOPAL RAO PARTY IN PERSON

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Counsel for Respondent No. 1: SRI N. RAJESHWAR RAO ASSISTANT SOLICITOR GENERAL

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Counsel for Respondent No. 2: GP FOR GENERAL ADMINISTRATION (TG) Counsel for Respondent No. 3: GP FOR GENERAL ADMINISTRATION (AP)

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The Court made the following: ORDER

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CE RA AIYD N

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WRIT TION(PILI No.99 of 20t7

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ORDER: (per the Horl,bte the Chif &Etice Satish Chand.ra Shama)

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The present public interest litigation has been filed by the petitioner stating that the State of Telangana and the State of Andhra pradesh be directed to ensure that the elephants are not subjected to crueler and the elephants a-re registered with the District committee as required under the Captive Elephants (Management and Maintenance) Rules, 200g.

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Specific instances have been brought by tJ:e petitioner regarding cruelty in respect of Sri Kalahasti Temple and Temple of Lord Venkateswara at Tirumala as well as in respect of some procession at Hyderabad i.e., Bibi-Ka-Alarn in the old city of Hyderabad.

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So far as the issue regarding Sri Kalahasti Temple and Temple of Lord Venkateswara at Tirumala are concerned, the same fall within the territorial jurisdiction of the Andhra Pradesh High Court and therefore, it is not being looked into. Liberty is granted to the petitioner to z take appropriate steps in accordance with law for

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ventilating his^{grievance by approaching the Andhra} Pradesh High^Court.

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So far as the Bibi-Ka-Alam^{processionis concerned,} it takes^place in Hyderabad^{and the PrincipalChief} Conservator of Forests has filed a counter^{affidavit and it} has been stated that earlier the elephants were owned by the Nizam's Trust. However, the elephants have been handed over by the Nizam's Trust to the Nehru Zoological Park, Hyderabad. The Secretary of the Nizam's Trust in his letter dated 06.03.2010 has requested the State Government to maintain the elephant^{.Rajani,belonging} to the Nizam's Trust and there, are at present five elepharrts in the Nehru Zoological park, they are being looked after by the State Government and veterinar;r doctors are also looking after them. The affidavit further reveals that the services of elephant ,Rajani, are being provided for Bonalu and Moharmm processions on the request of Nizam,s Trust.

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In the considered opinion of this Court, as the elephants are being looked after properiy, they are being given proper diet and medical attention, no further orders are required to be passed in the present public interest litigation.

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)

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The present public interest litigation stands disposed of accordingly. The miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.

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//TRUE COPY'

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SD/-K.SREERAMA MURTY ASSISTANT REGISTRAR lY-'

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SECTION OFFICER To, 1. One CC to Sri Namavarapu Rajeswara Rao, Assistant Solicitor General (OpUC) 2. lwo CCs to GP For General Administration, High Court for the State of^' Telangana. [OUT] 3. Two CCs to GP For General Administration, High Court of Andhra Pradesh, Amaravathi, Guntur District [OUT] 4, One CC to Sri T. Dhanagopal Rao, Party in person(OPUC) 5, Two CD Copies 6. One Spare Copy

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HIGH^COURT

DATED:^3011212021

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ORDER

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WP(PIL).No.99 of 2017